Litigation Funding Blog

March 30, 2018

A Marine vet alleged that medical professionals failed to diagnose and treat his prostate cancer before it rapidly advanced and metastasized.

The retired Marine began prostate-specific antigen (PSA) screenings under the care of a VA physician when he turned 50. His PSA levels were in the normal range until 2009. At 60, he began seeing a different VA certified doctor. During his initial visit, the new doctor ordered a PSA screening. The result of the test was 4.534, which is considered above normal. A second test returned a reading of 4.317. The physician suggested actively monitoring the PSA every six months. In October, the patient saw a urologist who ordered another PSA screening. By then, his PSA levels had reached 5.578. The urologist’s initial assessment was that the Marine had a 42 percent chance of having prostate cancer.

The man’s PSA continued to increase until 2013 when he underwent surgery that involved, in part, removing 12 lymph nodes. Four tested positive for metastatic prostate cancer.

The Marine filed a medical malpractice lawsuit alleging that employees and physicians at the medical center failed to timely diagnose and treat his prostate cancer. He sought damages for disfigurement, pain and suffering, and loss of the enjoyment of life.

During the trial, one physician indicated that had a biopsy been done between 2009 and 2013, there is a good chance that cancer would have been found and it would not have been as pervasive. Ultimately, the court ruled in favor of the plaintiff, and the man was awarded $1.9 million.

Receiving just compensation in medical negligence lawsuit often takes years. This can pose a significant financial burden for plaintiffs faced with medical bills and other financial obligations. If a plaintiff does not have the financial resources to wait for justice, litigation funding may be a viable option.

Litigation funding is a cash advance available to plaintiffs. It is often the only means to help a cash-strapped plaintiff avoid settling too soon and/or for too little. A plaintiff is eligible for funding once they have an attorney of record. The next step involves filling out an online application or calling Litigation Funding Corporation. Once case documentation from the plaintiffs’ attorney is received, Litigation Funding Corporation can make a funding decision within 24 – 48 hours. There is no need for a credit check, employment verification or collateral.

Additionally, there are no payments until the case settles, at which time the cash advance is repaid from the proceeds of the settlement or jury award. If the case is lost, the plaintiff is under no obligation to repay the cash advance.

March 16, 2018

Unnecessary thyroid surgery resulted in a New Jersey jury award of $8.5 million.

The plaintiff was a teenager when she saw a primary care physician in 2013, for a cystic mass found on her left thyroid lobe. The doctor recommended fine needle aspiration, a noninvasive procedure. The surgeon, however, performed surgery assuming the mass was cancerous.

The surgeon’s plan was to remove only the left lobe and send it to pathology for biopsy. If the lobe were positive for cancer, the doctor would also remove the right lobe. However, during the operation, the entire thyroid was removed because the right lobe was allegedly covered with blue dome cysts. Testing showed no cysts and neither lobe were cancerous.

The plaintiff allegedly suffered vocal cord paralysis for two months, post-traumatic stress disorder for a year and permanent anxiety disorder. She is now permanently on hormone replacement medication. The lawsuit alleges the teen would not have needed the thyroid operation if the surgeon had done needle aspiration tests.

The plaintiff was harmed due to medical negligence in 2013, yet did not reach a settlement until January 2018. During this time, she may have struggled financially to cope with the medical bills and other financial obligations. One solution that may have been available to her is pre-settlement funding, also referred to as a “lawsuit loan.”

A “lawsuit loan” is a non-recourse cash advance available to plaintiffs who have attorney representation and a case with merit. The plaintiff does not need to be employed and no credit check is required. Once the case has been assessed and approved, funds are wired directly to the plaintiff’s bank account or sent via overnight mail. The whole process can be completed within 24 to 48 hours.

Pre-settlement funding is not for everyone, so discuss your needs with your attorney and a litigation-funding representative. The representatives at Litigation Funding Corporation are experts in their field and treat all inquiries with great respect.